Question 1

The determination of the reasonableness of stops and frisks involves balancing a person's right to privacy and right to be free from unreasonable searches and seizures against _____.

Accepted Answer

The determination of the reasonableness of stops and frisks requires balancing a person's Fourth Amendment rights with the governmental interests of crime prevention/detection, safety of law enforcement officers, and other governmental interests. Therefore, option D is the best choice.

Question 2

The case that established the foundation for stop and frisk is:

Accepted Answer

Terry v. Ohio is the landmark case that established the legal foundation for stop and frisk. In this case, the Supreme Court ruled that a police officer can stop and frisk a person if they have reasonable suspicion that the person is involved in criminal activity and poses a threat to the officer's safety or the safety of others. This ruling has been the basis for the use of stop and frisk by law enforcement agencies across the United States.

Question 3

A law enforcement officer's power to detain and question suspicious persons dates back to _____.

Accepted Answer

B

Question 4

Select the true statement.

Accepted Answer

This statement accurately reflects the legal standards required for a frisk and a full search. Reasonable suspicion is needed for a frisk, whereas probable cause is required for a full search. However, both standards are higher than just a hunch or suspicion.

Question 5

A police officer stops a person on the basis of reasonable suspicion. The officer also has reasonable suspicion to believe the person is armed. During the pat-down, the officer feels what he thinks could possibly be a small baggie containing drugs, but the officer is unsure. Based on this information, the officer:

Accepted Answer

The officer can request the person's consent to retrieve the object as they only have a suspicion of it being drugs and are unsure. The officer does not have probable cause and cannot conduct a full search without consent or a warrant.

Question 6

Many things can affect the reasonableness of a police initiated stop. According to the text and the most recent case law, usually a case that involves a stop of _____ is probably outside an acceptable time limit.

Accepted Answer

The most recent case law suggests that a stop that exceeds 20-25 minutes may be outside of a reasonable time limit. Therefore, the correct choice is C) twenty to twenty-five minutes.

Question 7

United States v. Seelye listed six factors and circumstances to be considered in determining the amount and kind of force that is reasonable and consistent with an investigative stop. Which of the following is NOT one of those factors?

Accepted Answer

The factors listed in United States v. Seelye for determining the reasonableness of force during an investigative stop include considerations such as the number of officers and police cars involved, the nature of the crime and whether the suspect is believed to be armed, and the need for immediate action. However, the training and experience level of the officer(s) involved is not explicitly listed as a factor in this context.

Question 8

Officers may stop a person or a vehicle on the basis of which of the following?

Accepted Answer

Officers may stop a person or a vehicle on the basis of a police flyer, bulletin, or a radio dispatch. All three sources may provide important information regarding criminal activity or suspicious behavior that may justify a stop.

Question 9

Before conducting a frisk, an officer must believe which of the following to be true?

Accepted Answer

The Supreme Court has established that before conducting a frisk, an officer must have a reasonable suspicion that the individual is armed and dangerous. This means that the officer does not necessarily have to physically see a weapon or possess probable cause for arrest or search, but must have a specific and articulable reason to suspect that the individual may be carrying a weapon that could pose a danger to the officer or others. The belief that the suspect is guilty of traffic violations is not sufficient grounds for a frisk.

Question 10

A _____ is the least intrusive type of seizure of a person under the Fourth Amendment.

Accepted Answer

A "stop" is the least intrusive type of seizure under the Fourth Amendment. This occurs when a law enforcement officer temporarily detains a person based on reasonable suspicion that the person has been involved in criminal activity, but the officer does not have probable cause to make an arrest. A frisk and pat-down are types of searches, and a pursuit involves a more active attempt to detain or apprehend a suspect.

Question 11

_____ is a less demanding standard than _____.

Accepted Answer

Reasonable suspicion is a lower standard than probable cause. Reasonable suspicion only requires a belief that a crime is being or has been committed based on specific and articulable facts. Probable cause, on the other hand, requires a higher level of certainty - that there is a fair probability that a crime has been committed and that evidence of the crime can be found in the place to be searched or the person to be arrested.

Question 12

A limited search of a person is most accurately described as a(n) ______.

Accepted Answer

A frisk is a limited search of a person, typically conducted by law enforcement officers for weapons or contraband, without going into personal belongings or conducting a full search. It is often performed during a stop for safety reasons.

Question 13

Stop and frisk procedures are serious intrusions on a person's privacy and are governed by which of the following Amendments to the Constitution?

Accepted Answer

The answer of Stop and frisk procedures are serious intrusions...

Question 14

A police officer who detains a person must have _____ supported by articulable facts that criminal activity may be afoot.

Accepted Answer

When a police officer detains a person, they must have reasonable suspicion, which means they must have articulable facts that criminal activity may be afoot. Probable cause is a higher standard that requires more concrete evidence, and color of authority and legal ground are not relevant in this context.

Question 15

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is _____ under the Fourth Amendment.

Accepted Answer

The Fourth Amendment defines a seizure as a "meaningful interference" with an individual's freedom of movement. If the show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is no seizure.

Question 16

An officer observes an individual talking with known drug addicts over a period of several hours. The officer eventually approaches the individual and pulls illegal drugs out of the suspect's pocket after the suspect has thrust his hand into his pocket first. The officer testifies that he never saw nor believed that the suspect had a weapon. What position would the courts most likely take pertaining to this seizure?

Accepted Answer

The officer did not have probable cause to conduct a search and seizure. The individual's actions of talking with known drug addicts does not establish probable cause to conduct a search. The suspect thrusting his hand into his pocket does not create a danger that would have justified a warrantless search. Therefore, the courts would most likely throw out the search as an illegal seizure.

Question 17

Courts have consistently ruled that an investigative detention must be temporary and last no longer than _____.

Accepted Answer

Courts have consistently held that an investigative detention should be temporary and last no longer than necessary to effectuate the purpose of the stop. The duration of the stop should be reasonable under the circumstances, and it should not exceed the time necessary for the officer to complete the investigation that justified the stop. There is no specific time limit for investigative detentions, and courts will evaluate each case based on its individual circumstances.

Question 18

A person has been seized (within the meaning of the Fourth Amendment) if in view of all of the circumstances surrounding the incident, a reasonable person would have believed _____.

Accepted Answer

The answer of A person has been seized (within the...

Question 19

Which of the following most accurately describes a limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons?

Accepted Answer

A frisk is a limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons.

Question 20

Often times in cases involving the seizure of a person, the Supreme Court will examine which of the following?

Accepted Answer

The answer of Often times in cases involving the seizure...

Quiz 8: Stops and Frisks